2009 335i Convertible, worth a gamble?

[jeep]

Folks I have been searching for an E93 convertible and found a 335i convertible from one of the "small" dealers who essentially buy cars from auction. This car was a lease return sold at auction. Has 31000miles and asking price is 37K, has Nav, Premium, Sport, Cold Weather, Keyless, 19" wheels (which I don't want because of the rough ride, but easy enough to change). I looked at Carfax, the title is clean and it is not a salvage but following issues are concerning,

• Rear Brake Pads replaced at 12K miles
• Checked for engine oil leak at 21K miles
• Parts Ordered? Engine oil and filter changed, chassis lubricated at 24K miles
• Front & Rear brakes and rotors changed at 25K miles
• Sold at auction 31K miles

Seems like the car was driven hard, looking at the services performed, but it is priced lower than 2008s from "reputable" dealers. What do you folks suggest? Should I take the risk? May be able to bring the price down by another 1k or more.

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Driving Impressions
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So I checked out the car and test drove it. Drives really nice, smooth, engine sounds good, no cowl shake but that may be because of the adaptive steering, essentially numbing the feel.

Based on the brakes being changed I am guessing this car has been tracked, or in the least driven hard. How well does the E93 hold up to tracking? How well does the entire E9x platform hold up to tracking.

The interior has gone through some abuse, looks like a 5+yr old car's and not a 2yr old car. There are some scuff marks, and the leather is a bit dirty but that can be cleaned.

The tread on the Yokohamas is almost gone, maybe 5k more miles left.

The oil leak makes me think that maybe a rock or something hit the oil pan, I will get the car inspected, especially the undercarriage.

The guy is willing to deal, can possibly get the car for 35.5K which is a great price for an 09 'vert. The car will definitely need a little bit of work but the good thing is that it has almost 2yrs of factory warranty left.

Folks need your assistance in deciding whether I should even take the risk of going for this car or not?